Betts v. Cobbs
Supreme Court of Alabama
Appeal from the Probate Court of Conecuh. Tried before John D. Burnett, Esq., Special Judge. Mrs. Orrie A. Cobb departed this life leaving, a last will and testament with John M. Cobb named-as executor. Bond of executor was waived.
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Appeal from the Probate Court of Conecuh. Tried before John D. Burnett, Esq., Special Judge. Mrs. Orrie A. Cobb departed this life leaving, a last will and testament with John M. Cobb named-as executor. Bond of executor was waived. John M. Cobb qualified and took-charge of the estate; and while, he was so .acting as executor, J. F. Betts, -a creditor of the estate, filed his petition in the probate court of Conecuh county, where the administration was pending praying- that the said executor be required to make bond. The petition was granted, and the administrator Avas ordered to execute bond…
1Opinion of the CourtSharpe, J.
— The power of a testator to exempt his executor from giving bond to secure the performance of his duties is given alone by statute. — Code, 67. The same statute places a limitation upon the power so that in addition to the authority vested in the probate judge to require such bond of his own motion when the estate is likely to be wasted, any person interested in the estate may do so upon showing his interest and that it is or will be endangered for want of security.
In Smith v. Phillips, 54 Ala. 8 it was held that a creditor is a person interested within the meaning of the statute, and the…
2Cases cited4 opinions
- Ex parte HoodSupreme Court of Alabama · 1894
- Allen v. DraperSupreme Court of Alabama · 1893
- Smith v. PhillipsSupreme Court of Alabama · 1875
- Boynton v. NelsonSupreme Court of Alabama · 1871
3Cited by3 opinions
- Bell v. KingSupreme Court of Alabama · 1924
- Bowdoin v. BowdoinSupreme Court of Alabama · 1932
- Collier v. State Ex Rel. PowellSupreme Court of Alabama · 1941